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New York Questions & Answers
1 Answer | Asked in Insurance Bad Faith for New York on
Q: My $3000 motorbike was stolen. Insurance suggests it was intentional. After hours of calls and many docs requested, shou

My $3000 electric motorbike was stolen two months ago, and there are security photos of the theft. The insurance company, suspicious due to the bike being taken out of storage two days before, implies the theft was intentional. After 5 hours of phone calls and now being asked for numerous... View More

Tim Akpinar
Tim Akpinar
answered on Jul 30, 2024

I'm sorry your motorbike was stolen. The answer to your question is an individual call. Your frustration is understandable. If you're thinking of bringing an attorney on board, you could start reaching out to law firms to try to arrange free consults to discuss their terms for assisting... View More

1 Answer | Asked in Estate Planning for New York on
Q: Need help getting a title for a motorcycle that was registered in the 1970 but can’t be found in any system

Hello really weird question that no one has been able to figure out, but my girlfriend’s dad passed away and she is an only child who inherited everything and she is trying to give his motorcycle to her uncle/ his brother. There is no title for it and it’s showing that it’s not registered in... View More

Tim Akpinar
Tim Akpinar
answered on Jul 30, 2024

You're right; that is a tough one. The estate planning attorneys here would know best, but your question remains open for a week. In terms of registration, there probably wouldn't be any records that come up if the motorcycle was last registered in 1970, over fifty years ago. If there is... View More

1 Answer | Asked in Landlord - Tenant for New York on
Q: Can a landlord deduct from deposit Uber cost to Home Depot to buy materials to fix damage tenant caused.

Tenant damaged many things in apartment and landlord had to purchase the items and had to take an Uber to and from Home Depot. Can landlord deduct this cost from security deposit?

Peter J. Weinman
Peter J. Weinman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 29, 2024

If the damages were sufficient to justify a deduction from the tenant's security deposit, I do not see a round-trip uber trip as unreasonable -- any more than if the landlord ordered the items to be delivered and had to pay a delivery fee.

1 Answer | Asked in Consumer Law for New York on
Q: I was approved for a loan. The company received money directly. I never received the procedure and I canceled In time

But still being held responsible for loan payments. Can I fight this ?

Peter J. Weinman
Peter J. Weinman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 29, 2024

You mention a procedure, so presumably, the loan company paid a doctor. Did you forget to tell the loan company you canceled the procedure with the doctor's office? Either way, you said you canceled "in time," so, if the doctor accepted the payment - even though you were not... View More

1 Answer | Asked in Landlord - Tenant for New York on
Q: Can landlord decline to renew lease right after you have been complaining about services to the owner? Retaliatory?

I’ve lived here for eight years and never complained. I have had problems this last year and been vocal to owner about it for last month and now I am told I have to leave by September 30.

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jul 26, 2024

In New York, when a landlord terminates your tenancy within one year of lodging a complaint about the premises, you may have a retaliatory eviction defense to summary eviction proceedings in housing court. If you prevail, the petition to evict will be dismissed, and you may be awarded additional... View More

1 Answer | Asked in Landlord - Tenant for New York on
Q: Can landlord declined to renew lease right after you have been complaining about services to the owner? Retaliatory?

I’ve lived here for eight years and never complained. I have had problems this last year and been vocal to owner and now I am told I have to leave by September 30.

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jul 26, 2024

If you have been served a notice of termination within one year of lodging a complaint with your landlord, yes, you have a potential retaliatory eviction defense under New York law. This will be a question of proof, documents, and evidence. If you can prove your case in Court, you may be able to... View More

1 Answer | Asked in Personal Injury for New York on
Q: I was never answered back from the attorney general or court of claims or clerk of courts .why?

All sick call slips were denied . Grievences were found denied .grievance appeals were denied . Spinal fracture from injury .

Tim Akpinar
Tim Akpinar
answered on Jul 24, 2024

This is something that attorneys who regularly appear before the Court of Claims could answer best, but you await a response for two weeks. One option could be to look into whether the Court Clerk's Office has information on your case. This sounds like a complex case - if you were represented... View More

1 Answer | Asked in Family Law and Child Custody for New York on
Q: I need to remove my husband's parental rights, he disappeared from our lives 10 months ago, but I'm currently in Europe.

My husband decided to go AWOL 10 months ago, our kids are still minors and we had signed (via notaries in NY) a mutual separation agreement where he gave me full legal custody, prior to us leaving the US. I just need to legalize that with a court decree and remove his parental rights, since I... View More

Said Ibrahim
Said Ibrahim
answered on Jul 23, 2024

Were you married in New York? Based upon your answer there are several jurisdictional and service issues that will likely require you to hire a lawyer to help consult with on the best state, county, and court to file in, and how to properly serve your husband either personally, or with alternative... View More

1 Answer | Asked in Landlord - Tenant for New York on
Q: Landlord is asking us to pay half of rent

My roommates and I signed a lease for an apartment in Brooklyn. According to the lease, the agreement commenced on July 15, 2024, and our lease terminates on July 31, 2025. My roommates and I have already paid the security deposit and for first month's rent, which is roughly around ~$3,700... View More

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jul 23, 2024

From a legal perspective, the amount you may or may not owe hinges on an interpretation of the lease terms, as well as background decisional law and statutes. From a strategic perspective, you will want to evaluate your goals to ensure that the likely reaction from your dispute aligns with those... View More

1 Answer | Asked in Estate Planning, Real Estate Law and Family Law for New York on
Q: Hi ,I bought a home with my daughter and would like to add my husband name on the deed.

when I was buying my husband credit wasn't good,so I use my daughter's name and credit but it was my money used. I'm sick and would like to protect my husband just in case...

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jul 23, 2024

You will need to schedule a "mini-closing" where you (or your daughter) will need to deed the property from herself, to herself and your husband, as joint tenants (a technical legal term of ownership). Which particular form of ownership would work best requires a detailed review of your... View More

2 Answers | Asked in Landlord - Tenant for New York on
Q: I'm a general manager at a restaurant that I opened back in now 2023 we have been having issues with the Landlord

About a faulty pipe issue for 3 months now it has gotten so bad when I was called into the store there was sewage water everywhere ceiling paint falling down with water they kept telling me they will fix it and it only got more worse. I went in to clean up water and to take photos and I slipped on... View More

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jul 23, 2024

It all depends on the exact terms of your lease. With commercial leases, the legal responsibility and liability for the premises is allocated by the terms of your lease. You may or may not be able to sue your landlord for personal injury and/or damage to the property, depending on if the lease... View More

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1 Answer | Asked in Immigration Law for New York on
Q: I entered the U.S. on a B1 visa in 2020 and applied for asylum status. I expect to obtain my dentist license in one yea

I entered the U.S. on a B1 visa in 2020 and applied for asylum status. I expect to obtain my dentist license in one year. I am wondering if I can get a work visa with an employer upon completing dental school.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 21, 2024

Yes, you can pursue a work visa upon completing your dental school and obtaining your license. Since you are already in the U.S. on a B1 visa and have applied for asylum, you have a valid status that allows you to stay while your asylum application is being processed.

Upon receiving your...
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1 Answer | Asked in Family Law, Child Custody and Child Support for New York on
Q: Are parents required to pay out of pocket for their child's college tuition? This was not in the custody agreement

At the time of the agreement, I was the custodial parent. There has been no changes to the agreement. My daughter has moved to FL with her mother and she is threatening legal if I don't pay her (the mother) cash for college she has claimed to pay for. This was not in the agreement . My... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 21, 2024

This is not the simplest question to answer because it involves an "agreement" and an out of state issue regarding educational expenses. Rephrasing the question, does the asker have to pay education costs for his child if there is a New York agreement while the child is in Florida. The... View More

1 Answer | Asked in Criminal Law and Federal Crimes for New York on
Q: I recently completed my federal supervision. Can I petition the judge to put me back on supervision?

I don't feel comfortable with this after 20 years of both prison and supervision.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 21, 2024

You can petition the judge to request a change in your post-supervision status. Judges can consider requests based on personal circumstances, but it's important to present a compelling case. Detail your concerns and how continued supervision might help you adjust.

Consult with your...
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1 Answer | Asked in Federal Crimes for New York on
Q: Can a sex offender on parole date someone with a child if it is a long distance relationship and they have no contact?

The child and person on parole would never have contact in person. If they ever did it would be virtually but never in person. The person was 18 years old when it happened. And victim 16.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 21, 2024

The ability for a sex offender on parole to date someone with a child, even in a long-distance relationship with no physical contact, largely depends on the conditions of their parole. Parole conditions often include strict rules about contact with minors, and these rules can apply regardless of... View More

3 Answers | Asked in Intellectual Property, Trademark and Copyright for New York on
Q: "Can I sell T-shirts with images of President Donald Trump in the U.S.? Will it violate any regulations?"
Aubrey Claudius Galloway
Aubrey Claudius Galloway pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 10, 2024

Selling T-shirts with images of President Donald Trump in the U.S. involves several legal considerations, primarily related to trademark and copyright law. Here are some important points to consider:

1. **Public Figures and First Amendment Rights**: In the U.S., using images of public...
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3 Answers | Asked in Intellectual Property, Trademark and Copyright for New York on
Q: "Can I sell T-shirts with images of President Donald Trump in the U.S.? Will it violate any regulations?"
Bao Tran
PREMIUM
Bao Tran
answered on Jul 25, 2024

Based on the information provided and general legal principles regarding the use of a public figure's image, here's an analysis of selling T-shirts with images of President Donald Trump:

Right of Publicity:

Public figures like former presidents have a right of publicity,...
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1 Answer | Asked in Appeals / Appellate Law for New York on
Q: can bad representation of counsel be difficult to prove when appealing?

someone who wants to appeal their case claiming their previous legal aid barely tried. how can you possible prove this in the appellate court??? is it a rare win?? what are good points!?

Aubrey Claudius Galloway
Aubrey Claudius Galloway pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 12, 2024

Appealing a case on the grounds of ineffective assistance of counsel can be challenging but not impossible. It often requires a thorough understanding of the legal standards and substantial evidence to support the claim. Here’s a detailed approach to proving ineffective assistance of counsel in... View More

1 Answer | Asked in Contracts for New York on
Q: Verbal contract - client is backing out and unwilling to pay

I work as a freelance drafter. I have been working on a project that had an original scope of providing services for a new build. Our schedule slipped a week or so from agreed date, but was ready to submit completed work. I found out that the steel fabricator was unable to provide drafting for a... View More

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jul 11, 2024

Depending on a detailed analysis of the communications and facts in your case, you may have a claim for promissory estoppel against the client. These claims come into play where there may not be a legally enforceable contract but you have detrimentally relied on the client's promises and... View More

3 Answers | Asked in Copyright, Trademark and Intellectual Property for New York on
Q: What are my rights for someone using a picture they took of me at a private event? Now made into A Mural.

The picture has now been used as a city mural project, this was not known to me at the time of taking the picture. It happened over a year ago. But the mural was completed in the last two weeks. The artist contact me after a friend had notice they saw my face on a building and ask the artist if he... View More

Bao Tran
PREMIUM
Bao Tran
answered on Jul 25, 2024

Based on the situation you've described, there are several legal and ethical considerations to address regarding the use of your image in a public mural without your prior consent. Here's an analysis of your rights and potential courses of action:

Right of Publicity:

In...
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